← Library
Madras High CourtCRL OP/4502/2016disposed of

V. Saravanan, v. State By Inspector Of Police,

2016-03-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.4502 of 2016 V.Saravanan ... Petitioner Vs.

State by:

Inspector of Police, Aarambakkam Police Station, Thiruvallur District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police not to harass the petitioner, pending investigation into the case in CSR No.13/2016 dated 22.01.2016 on the file of the respondent.

For Petitioner : Mr.E.J.Ayyappan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent police not to harass the petitioner, pending investigation into the case in CSR No.13 of 2016 dated 22.01.2016 on the file of the respondent.

2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 3.The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by one Sudha, CSR No.13 of 2016 is pending and under the guise of enquiry, the respondent police is frequently calling the petitioner and harassing him and hence, prayed for the above stated relief. 4.Resisting the same, the learned Additional Public Prosecutor would submit that complaint is there, enquiry is going on, but the petitioner is not co-operating for the enquiry. Hence, he prayed for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the rival submissions, since the enquiry is going on, the respondent is directed not to harass the petitioner under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. The petitioner is directed to co-operate with the respondent police for enquiry. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar pri To 1.The Inspector of Police, Aarambakkam Police Station, Thiruvallur District.

2.The Public Prosecutor High Court, Madras.

+ 1 cc to E.J. Ayyappan, Advocate sr.12860 Crl.O.P.No.4502 of 2016 RSY(CO) Eu 14.03.16 https://hcservices.ecourts.gov.in/hcservices/